GENERAL DUTY OF CARE 3 3.0 SUMMARY OF CASE “DONOGHUE V STEVENSON” 3 3.1 ACTIONS TAKEN BY DONOGHUE 4 3.2 THE RESPONSE OF MR. STEVENSON 5 4.0 THE IMPLICATION OF CASE 5 5.0 THE JUDGEMENT 6 6.0 THE CONCLUSION 7 7.0 REFERENCES 8 1.0 INTRODUCTION Introduction to students the Lord Atkin’s concept of general duty of care‚ summary of the case “Donoghue v Stevenson” and its implication. It will also briefly explain
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Prof. Jeong Chun Phuoc 012014111647 Assignment 2 – Weekly Case Law Critique WEEK 2 CASE LAW ON DONOGHUE V STEVENSON (1932) Summary On August 26th 1928‚ Donoghue (plaintiff) and a friend were at a case in Glasgow‚ Scotland. Her friend ordered / purchased a bottle of ginger beer for Donoghue. The bottle was in an opaque bottle (dark glass material) as Donoghue was not aware of the contents. After‚ Donoghue drank some and her friend lifted the bottle to pour the remainder of the ginger beer into the
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the case of Donohue v Stevenson[1]‚ Donohue won the case. The ratio decidendi in the case was that the liability of negligence did not depend on the contractual relationship and that Stevenson owed the duty of care to Donohue as a manufacturer‚ not to cause foreseeable injuries to the users of the products. As there was an owed duty‚ Stevenson failed to practice the appropriate standard of care and in turn‚ the negligent act had caused the injuries to Donohue. Therefore‚ Stevenson loss the case.
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RATIO DECIDENDI AND OBITER DICTUM The decision or judgement of a judge may fall into two parts: the ratio decidendi (reason for the decision) and obiter dictum (something said by the way). RATIO DECIDENDI - The ratio decidendi of a case is the principle of law on which a decision is based. When a judge delivers judgement in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and arrives at a decision‚ for which he gives the reason
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Donoghue v Stevenson (1932) AC 562 Facts: Mrs. Donoghue found a decomposing snail in the ginger beer and claimed to have suffered gastroenteritis and severe shock upon the sight of the snail. She sought to recover damages from Stevenson‚ claiming that the presence of snail was due to his negligence. Could Mrs. Donoghue bring an action in negligence against Stevenson? Stevenson argued that as they were not in a contractual relationship‚ hence there was no special relationship and therefore he
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DETERMINING RATIO DECIDENDI – EFFICACY OF WAMBAUGH’S TEST I. INTRODUCTION Judicial precedents are an important sources of law. They are the former judgements of the superior courts which the judges in common law countries are bound to follow. This bindingness of previous decisions on the lower courts is partly due to high status which the judges enjoyed in England and also partly because of the importance of the issues which they decided. Judicial decisions were given a high authority as
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Ratio decidendi and obiter dicta Learning objectives At the end of this module‚ you will be able to: * distinguish between ratio decidendi and obiter dicta. * apply well-established rules to identify the ratio decidendi in a decision. This module is intended as a useful exercise in revision. If you are certain that you understand how to discover the ratio in an opinion‚ you should skim lightly over this material. What is the ratio decidendi? As you probably recall from your studies
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In Stevenson‚ Jacque & Co. v. McLean ‚ held that the initial communication was only asking for information‚ and it was not a counter-offer. There was no effort here to institute new clauses into the contract. As per above case‚ Palm Tree did not attempt to introduce new terms into the contract and it was a mere request for information not a counter-offer. Belton responded as an acknowledge receipt and packed twenty Fryers into its delivery truck for Palm Tree. Belton’s action was supported that
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can be defined as the fact of being whom or what a person is. Internal and external factors shape a child’s concept of their own identity. These factors include the environmental setting‚ family‚ community‚ and the media. In the novel Room by Emma Donoghue‚ the 5-year-old narrator/protagonist Jack learns his identity through exploring the familiar space he occupies‚ the close relationship between he and his mother‚ and watching television. It is clear that Jack faces many challenges‚ which lead him
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Because Donoghue’s aim was to focus on the love between Ma and Jack‚ the mother is represented as a loving parent. This is shown when Ma shields Jack from the reality of their situation throughout the first part of the novel. The phrase “Ma takes a pill from the silver pack that has 28 little spaceships‚” uses statistics such as “28” and nouns such as “pill” indicating that Ma is taking the contraceptive pill and has a non-consensual sexual relationship with her captor. Oblivious to this‚ Jack refers
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